Court won't reinstate New York City's big-soda ban

ALBANY, N.Y. (AP) -- Guzzlers prevailed Thursday as New York's highest court refused to reinstate New York City's ban on the sale of big sodas, ruling that the city's health department overstepped its bounds when approved the 16-ounce cap on sugary beverages.

The court largely ignored the merits of the ban in the 20-page ruling but determined the city's Board of Health engaged in policy-making, and not simply health regulations, when it imposed the restrictions on restaurants, delis, movie theaters, stadiums and street cart vendors.

"The Board of Health engaged in law-making beyond its regulatory authority," the opinion reads. "... It is clear that the Board of Health wrote the Portion Cap Rule without benefit of legislative guidance."

The city had hoped Thursday's ruling would overturn a lower court's decision that blocked the restrictions after restaurants, theater owners, beverage companies and small stores sued.

In oral arguments earlier this month, attorneys for the city argued that sugary drinks are the largest source of added sugar in the American diet. They argued the restrictions were based on science, and weren't a true ban, only a limit on cup size.

Several judges on the Court of Appeals questioned where the board would draw the line.

According to the American Beverage Association, New York City is the only jurisdiction attempting such a restriction, though several others around the country have tried and failed to impose special taxes on sugary drinks.

Comments

The nanny state was thwarted. Today, King Obama was thwarted from deciding the Congress was in recess when they said they were not, and the benchmark nanny state (NY) was thwarted in deciding what size soda new yorkers could buy. The republic may yet survive Democrat rule.

Another power hungry democrat trying to force their will on the American people.....Does this man look fit to you? Michelle Obama is another idiot that looks like she doesn't practice what she preaches...just a bunch of bullies

Bloomberg, who instated the ban when he was Mayor, was a Republican disguised as an Independent. He swtiched affiliation to win office, but kept his ideals intact.This was a New York City ban. It had NOTHING to do with Obama.

STUPIDEST THING I EVER HEARD...WHATS TO STOP SOMEONE FROM ORDERING TWO 16 OUNCE DRINKS...I UNDERSTAND THAT ITS SUPPOSED TO BE A HEALTH THING, BUT WHEN SHOULD THE GOVERNMENT DICTATE HOW MUCH WE DRINK OF SOFT DRINK, OR FOR THAT MATTER EVEN ALCOHOL...

What? Judges in the bluest of blue states can't find a loophole to permit the far left nanny state dictate consumption of a private sector product? Wow... ol' nanny Bloomberg really overstepped if the far left can't find any way to justify his dementia.

I think it's about time people should stop trying to rule everyone else's life and get one of their own. If a person want's to drink soda, knowing it's not the greatest thing for them, so be it. That's their decision! Where do these jerks have the nerve to butt in.

Thank goodness we have state and federal supreme courts with intelligent people making decisions for this country. Bloomberg is dangerous, rich, and completely out of touch and out of control. He needs to be stopped. I hope someone is taking him to task on his gun agenda, too. He is out to destroy our rights under the Second Amendment. Dangerous...clearly dangerous!

The idea that a pro-gun control zealot/loon like Michael Bloomberg actually supports the 2nd amendment rights of law abiding citizens is hysterically laughable! His organization mayors against illegal guns(MAIG) should be changed to mayors against legal gun ownership(MALGO). Bloomy sez" "Guns for me, not for thee!".